Story perspectives

Kenya Court Rejects Rastafari Cannabis Exemption, Calls Policy Review

7/16/2026

Summary

Kenyan Court Dismisses

Kenya’s High Court dismissed a Rastafari Society petition for a cannabis exemption on 15 July 2026.
Justice Bahati Mwamuye ruled the 1994 Narcotic Drugs and Substances (Control) Act does not breach freedom of religion because petitioners did not prove cannabis is essential to Rastafarian faith.
Counsel Shadrack Wambui announced an appeal to the Court of Appeal.
Justice Mwamuye urged a debate on Kenya’s drug policy, noting the prohibition model may be outdated.

Summary

Kenyan Court Recognizes

In 2019 a Kenyan court recognized Rastafari as a religion after ruling a student’s expulsion unlawful.
Lawyer Danstan Omari said police intimidated witnesses, casting doubt on the voluntariness of their testimony.
The National Authority for Campaign Against Drug Abuse (NACADA) opposed a cannabis exemption, citing public-health risks and Kenya’s international drug-control commitments.
The movement opened its first Nairobi temple in August 2025, marking a milestone for Rastafari followers.

Summary

Rastafarians Petition

The Rastafari Society of Kenya petitioned for an exemption allowing cannabis use in homes and worship places.
Advocates say legalisation could create jobs, raise tax revenue and support medicinal uses.
Law imposes up to five years’ jail or an $800 fine for possession and 20 years’ jail or a $1,900 fine for cultivation.
The Rastafarian movement’s size is unknown but is growing, with dreadlocks echoing Mau Mau fighters of the 1950s.

History

Historical Context

In 1990 the U.S. Supreme Court issued a 6-3 ruling in Employment Division v. Smith, holding that generally applicable drug laws may override Free Exercise claims. The decision prompted Congress to pass the Religious Freedom Restoration Act in 1993 and has been cited in African courts that weigh religious rites against drug-control statutes. Activists such as Kenya’s NACADA now urge legislative reform.

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Kenyan Court Dismisses

Kenya’s High Court dismissed a Rastafari Society petition for a cannabis exemption on 15 July 2026.
Justice Bahati Mwamuye ruled the 1994 Narcotic Drugs and Substances (Control) Act does not breach freedom of religion because petitioners did not prove cannabis is essential to Rastafarian faith.
Counsel Shadrack Wambui announced an appeal to the Court of Appeal.
Justice Mwamuye urged a debate on Kenya’s drug policy, noting the prohibition model may be outdated.

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